V.S.Shankarsubramanian, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.S.Shankarasubramanian ..
Petitioner Vs.
1. The Secretary to Government Revenue and Disaster Management Department Secretariat, Fort St. George Chennai - 600 009.
2. The Commissioner of Land Administration Land Administration Department 2nd Floor, Ezhilagam, Chepauk Chennai - 600 005.
3. The District Collector Chengalpattu District, Chengalpattu.
4. The Revenue Inspector Kattankulathur Sub-division Chengalpattu Taluk and District.
5. The Senior Divisional Commercial Manager/MAS O/o. Sr. DCM, NGO Annex Commercial Branch Southern Railway, Parktown.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the 3rd and 4th respondents from evicting or removing the petitioner from the land situated in S.No. 226B, Potheri Village, Kattangulathur Sub-Division, Chengalpet District measuring an extent of 127.08 square metre between the Railway Track and retaining wall of Potheri railway station. For the Petitioner : Mr.R.Karthikeyan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 to R4 Mr.Venkataswamy Babu for R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.R.Karthikeyan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 4 and Mr.Venkataswamy Babu, learned counsel for respondent 5.
2. Learned counsel for the petitioner submits that the respondent authorities are trying to evict the petitioner, though the petitioner is in legitimate possession of the land.
3. Notice is issued to the fifth respondent. The notice in question is issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [ in short, "the Act of 1905"].
4. Learned State Government Pleader submits that the land in question is a Meikal land and neither the petitioner nor the fifth respondent have any right to occupy the said land. It is further submitted that joint inspection would be conducted and after the order under Section 6 of the Act of 1905 is passed, further steps would be undertaken.
5. In light of that, as order under Section 6 of the Act of 1905 is not passed and even if order under Section 6 of the Act of 1905 is passed, remedy of appeal is available under Section 10 of the Act of 1905, we are not inclined to entertain the present writ petition at this stage.
6. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.2894 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index :
Yes/No :
Yes/No drm To
1. The Secretary to Government Revenue and Disaster Management Department Secretariat, Fort St. George Chennai - 600 009.
2. The Commissioner of Land Administration Land Administration Department 2nd Floor, Ezhilagam, Chepauk Chennai - 600 005.
3. The District Collector Chengalpattu District, Chengalpattu.
4. The Revenue Inspector Kattankulathur Sub-division Chengalpattu Taluk and District.
5. The Senior Divisional Commercial Manager/MAS O/o. Sr. DCM, NGO Annex Commercial Branch Southern Railway, Parktown.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 08.02.2024